Terms and conditions
Contents
1. Union EU Customer may have the right upon certain conditions specified in the applicable law to decompile the Software if it is necessary to do so in order to achieve interoperability of the Software with another software program and Customer has first asked Jannersten in writing to provide the informa tion necessary to achieve such operability and Jannersten has not made such information available In addition such decompilation may only be performed by Customer or someone else entitled to use a copy of the Software on Customer s behalf Jannersten has the right to impose reasonable conditions before providing such information Any information supplied by Jannersten or obtained by Customer as permitted hereunder may only be used by Customer for the purpose described herein and may not be disclosed to any third party or used to create any software that is substantially similar to the expression of the Software or used for any other act that infringes the copyright of Jannersten or its licensors 16 1 4 The following provision shall apply if Customer obtains the Software in Australia notwithstanding anything stated to the contrary in this Agreement NOTICE TO Customers IN AUSTRALIA Our goods come with guarantees that cannot be excluded under the Australian Customer Law You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably fore seeable loss or damage You are also entitled to have the goo2. and 8 16 5 Digital Certificates 16 5 1 Use Digital certificates are issued by third party certificate authorities 16 5 2 Terms and Conditions Purchase use and reliance upon digital certificates are the responsibility of Customer and a Certificate Authority Before Customer relies upon any certified document digital signature or Certificate Authority services Customer should review the applicable terms and conditions under which the relevant Certificate Authority provides services including for example any subscriber agreements relying party agreements certificate policies and practice statements 16 5 3 Acknowledgement Customer agrees that a the Software due to configuration or external issues might show a signature as valid despite the fact a digital certificate may have been revoked or expired prior to the time of verification b the security or integrity of a digital certificate may be compromised due to an act or omission by the signer of the document the applicable Certificate Authority or any other third party and c a certificate may be a self signed certificate not provided by a Certificate Authority Customer is solely responsible for deciding whether or not to rely on a certificate Unless a separate written warranty is provided to Customer by a certificate authority Customer s use of digital certificates is at its sole risk 16 5 4 Third Party Beneficiaries Customer agrees that any Certificate Authority which t
3. and any remedies that cannot be excluded or limited under law Jannersten its affiliates suppliers and certificate authorities will not be liable to Customer for any loss damages claims or costs whatsoever including any consequential indirect or incidental da mages any lost profits or lost savings any damages resulting from business interruption personal injury or failure to meet any duty of care or claims by a third party even if an Jannersten representative has been advices of the possibility of such loss damages claims or costs In any event Jannersten s aggregate liability and that of its affiliates suppliers and certificate authorities under or in connection with this agree ment will be limited to the amount paid for the hardware if any This limitation will apply even in the event of a fundamental or material breach or a breach of the fundamental or material terms of this agreement Jan nersten is acting on behalf of its affiliates suppliers and Certificate Authorities for the purpose of disclai ming excluding and limiting obligations warranties and liability but in no other respects and for no other purpose The foregoing limitations and exclusions apply to the extent permitted by applicable law in Customer s ju risdiction This limitation of liability may not be valid in sow jurisdictions Customer may have rights that cannot be waived under Customer protection and other laws Jannersten does not seek to limit its warr
4. capable of operating a wide variety of productivity entertainment or other software applications 1 4 Customer means you and any legal entity that obtained the Software and on whose behalf it is used for example and as applicable your employer 1 5 Internal Network means a private proprietary network resource accessible only by employees and individual contractors i e temporary employees of a specific corporation or similar business entity Inter nal Network does not include portions of the Internet or any other network community open to the public such as membership or subscription driven groups associations and similar organizations 1 6 Output File means an output file Customer creates with the Software 1 7 Permitted Number means one 1 unless otherwise indicated under a valid license e g volume li cense granted by Jannersten 1 8 Software means a all of the information with which this agreement is provided including but not limited to i all software files and other computer information ii any proprietary scripting logic embedded within exported file formats or used in an Jannersten Online Service iii sample and stock photographs images sounds clip art and other artistic works bundled with Jannersten software or made available by Jannersten on Jannersten s website for use with the Jannersten software and not obtained from Janners ten through a separate service unless otherwise
5. connected the Software will collect and transmit information to Jannersten s server Customer may also receive information from Jannersten related to Customer s license subscription or Membership Jannersten may use such information to detect or prevent fraudulent or unauthorized use not in accordance with a valid license subscription or Membership Failure to activate or register the Software validate the subscription or Membership or a determination by Jannersten of fraudulent or unauthorized use of the Software may result in reduced functionality inoperability of the Software or a termination or suspension of the subscription or Membership 14 4 Deactivation Customer may deactivate and uninstall the Software from its Computer in order to install and activate the Software on another Computer in accordance with this agreement Deactivation Deac tivation requires Internet connectivity 14 5 Use of Online Services The Software may cause Customer s Computer without additional notice and on an intermittent or regular basis to automatically connect to the Internet to facilitate Customer s access to content and services that are provided by Jannersten or third parties as further described in Section 16 4 Online Services In addition the Software may without additional notice automatically connect to the Internet to update downloadable materials from these online services so as to provide immediate availabili ty of these service
6. domestic or household use not business purposes this agreement is subject to the Customer Guarantees Act 16 1 2 If Customer obtained the Software in the European Economic Area EEA Customer usually resides in the EEA and Customer is a Customer that is its use of the Software is for personal non business rela ted purposes then Section 6 Limited Warranty does not apply to Customer s purchase and use of the Software Instead Jannersten warrants for a period of 2 years from purchase that the Software provides the functionalities set forth in the applicable user manual the agreed upon functionalities when used on the Compatible Computer Non substantial variation from the agreed upon functionalities will not establish any warranty rights This warranty does not apply to software that Customer uses on a pre release tryout starter or product sampler bases or to font software or to the extent the software fails to perform because it has been altered by Customer To make a warranty claim Customer must notify the Jannersten Custo mer Support Department during this 2 year period providing details of proof of purchase of the Software Jannersten will verify with Customer whether there is a defect in the Software or advise Customer that the error arises because Customer has not installed the Software correctly in which case Jannersten shall assist Customer If there is a defect in the Software Customer may request from Jannersten eith
7. such Computers for the purpose of having the font software remain resident in such output device and of one more such output device for every multiple of five represented by the Permitted Number of Computers 16 6 3 Customer may take a copy of the font s Customer has used for a particular file to a commercial printer or other service bureau and such service bureau may use the font s to process its file provided such service bureau has a valid license to use that particular font software 16 6 4 Customer may embed copies of the font software into its electronic documents for the purpose of printing viewing and editing the document No other embedding rights are implied or permitted under this license 16 7 Acrobat Standard Acrobat Pro and Adobe Acrobat Suite Features If the Software includes Acrobat Standard Acrobat Pro Acrobat Suite or certain features within the above software then this Section 16 8 shall apply 16 7 1 Additional Definitions 16 7 1 1 Deploy means to deliver or otherwise make available directly or indirectly by any means inclu ding but not limited to a network or Internet an Extended Document to one or more recipients 16 7 1 2 Extended Document means a PDF file manipulated by the Software to enable the ability to local ly save documents with filled in PDF forms 13
8. Re JANNERSTEN WARRANTIES ETC This document is a summary of the rules that apply on hard and software manufactured created by the Jannersten Company Third party manufacturers creators might have their own rules that supersede all or part of Jannersten s rules Jannersten might also have special conditions on some of its items that supersede all or part of the following rules SECTION 1 HARDWARE Jannersten Terms at Purchases of Hardware Definitions Jannersten means Jannersten F rlag AB a Swedish corporation resident at Ban rgatan 15 75237 Uppsala Sweden Customer means a part that has bought goods from Jannersten and or an end user of items manufactu red or created by Jannersten Contract means sales contract and or agreement and failing this Jannersten s description of the goods Conformity means Conformity with the Contract and or the principle that delivery must be in Conformity with the Contract Jannersten terms for hardware Jannersten s hardware warranty covers any lack of Conformity that existed at the time of delivery of the goods that is claimed by the Customer within 365 days counting from the day when the goods was first delivered by Jannersten The principle of Conformity always applies That is to say goods sold as is or goods that is clearly indi cated to be of low quality is only covered by a limited or no warranty The Customer has no right to claim compensa
9. Section 2 101 consisting of Commercial Computer Software and Commercial Computer Software Documentation as such terms are used in 48 C F R Section 12 212 or 48 C F R Section 227 7202 as applicable Consistent with 48 C F R Section 12 212 or 48 C F R Sections 227 7202 1 through 227 7202 4 as applicable the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U S Government end users a only as Commer cial Items and b with only those rights as are granted to all other end users pursuant to the terms and conditions herein Unpublished rights reserved under the copyright laws of the United States 13 Compliance with Licenses If Customer is a business company or organization Customer agrees that in addition to any license compliance checking performed by the Software Jannersten or its authorized representative have the right no more than once every twelve 12 months upon seven 7 business days prior notice to Customer to inspect Customer s records systems and facilities to verify that its use of any and all Jannersten software or service is in Conformity with its valid licenses from Jannersten For example Jannersten has the right to those of Customer s records useful to determine whether installations of the Software have been serialized and Customer shall provide such records to Jannersten promptly upon request by Jannersten Additionally Customer shall provide Janner
10. anty or remedies to any extent not permitted by law see section 16 for jurisdiction specific statements 9 Export Rules Customer acknowledges that the Software is subject to the Swedish Export Administration Regulations and other export laws restrictions and regulations collectively the Export Laws and that Customer will comply with the Export Laws Customer will not ship transfer export or re export the Software directly or indirectly to a any countries that are subject to export restrictions b All rights to use the Software are granted on condition that such rights are forfeited if Customer fails to comply with the terms of this Agreement If Jannersten has knowledge that a violation has occurred Jan nersten may be prohibited from providing maintenance and support for the Software 10 Governing Law If Customer is a Customer who uses the Software for only personal non business purposes then this agreement will be governed by the laws of the jurisdiction which Customer purchased the license to use the Software If Customer is not such a Customer this agreement will be governed by and construed in accordance with the substantive laws in force in Sweden 11 General Provisions If any part of this agreement is found void and unenforceable it will not affect the validity of the balance of this agreement which will remain valid and enforceable according to its terms This agreement may only be modified in writing sig
11. d of the possibility of such loss damage claim or cost In any event Jannersten s aggregate liability and that of its affiliates suppliers and certificate authorities under or in connection with the Contract will be limited to the amount paid for the hardware if any This limitation will apply even in the event of a fundamental or material breach or a breach of the fundamental or material terms of the Contract Jannersten is acting on behalf of its affiliates suppliers and Certificate Authorities for the purpose of disc laiming excluding and limiting obligations warranties and liability but in no other respects and for no other purpose The foregoing limitations and exclusions apply to the extent permitted by applicable law in Customer s ju risdiction This limitation of liability may not be valid in some jurisdictions Customer may have rights that cannot be waived under Customer protection and other laws Jannersten does not seek to limit its warranty or remedies to any extent not permitted by law SECTION 2 SOFTWARE Jannersten Terms for Software License Agreements Please read this agreement carefully before copying installing or using all or any portion of the software You hereinafter Customer accept all the terms and conditions of this agreement including without limi tation the provisions on license restrictions in section 4 limited warranty in section 6 and 7 limitation of liability in section 8 and
12. ds repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure Our software products also come with a 90 day limited warranty given by Jannersten as set out in the Agreement If your products do not provide the general features and functions described in the User Documentation in the 90 day period after delivery to you please contact the Jannersten Customer Support Department with details of your product serial number and proof of purchase You may be required to return the software product to the address we provide to you at the time in which case such return will be at your own cost The benefits under this warranty are in addition to other rights and remedies that you may have at law 16 2 Pre release Software Additional Terms If the Software is pre commercial release or beta software Pre release Software then this section applies The Pre release Software does not represent final pro duct from Jannersten and may contain bugs errors and other problems that could cause system or other failures and data loss Jannersten may never commercially release the Pre release Software If Customer received the Pre release Software pursuant to a separate written agreement such as the Jannersten Sy stems Incorporated License Agreement for Pre release Software then Customer s use of the Software is also governed by such agreement Customer will promptly return or destroy all copies of Pre r
13. egal 6 rights Customer may have additional rights under law which may vary from jurisdiction to jurisdiction Jannersten does not seek to limit Customer s warranty rights to any extent not permitted by law Please see Section 16 for jurisdiction specific provisions or contact the Jannersten Customer Support Department 7 Disclaimer The limited warranty in this section and any statutory warranty and remedy that cannot be excluded or limited under law are the only warranties ad exclusive remedies applicable to the hardware Other than those warranties offered and statutory warranties and remedies Jannersten its affiliates suppliers and certificate authorities disclaim all warranties conditions representations and terms expressed or implied whether by statute common law custom usage or otherwise as to any matter including but not limited to performance security merchantability satisfactory quality and fitness for any particular purpose Other than such offered and statutory warranties and remedies Jannersten or third party certificated outlets are provided as is and with all faults This disclaimer of warranty may not be valid in some jurisdictions Cus tomer may have additional warranty rights under law which may not be waived or disclaimed Jannersten does not seek to limit Customer s warranty rights to any extent not permitted by law 8 Limitation of Liability Except for the exclusive remedy offered by Jannersten above
14. elease Soft ware upon the earlier of Jannersten s request or upon Jannersten s commercial release of such Software Customer s use of pre release software is at own risk See sections 6 and 8 for limited warranty and liability limitations related to pre release software 16 3 Educational Software Product If the Software is Educational Software Product Software manufactu red and distributed for use only by Educational End Users Customer is not entitled to use the Software unless Customer qualifies in its jurisdiction as an Educational End User 16 4 Online Services 16 4 1 Provided by Jannersten The Software facilitates Customer s access to content and various services that are hosted on websites maintained by Jannersten or its affiliates Jannersten may at any time and for any reason modify or discontinue the availability of any Jannersten Online Service Jannersten also reser ves the right to begin charging a fee for access to or use of an Jannersten Online Service that was previo usly offered at no charge Section 14 states important information regarding Internet connectivity and Cus tomer s privacy As stated in Section 14 when the Software accesses an Jannersten Online Service Cus tomers use of such Jannersten Online Service is governed by the Jannersten Privacy Poli 11 cy Jannersten com Terms of Use and by any Additional Terms of Use that might be presented to Custo mer at that time 16 4 2 Provided by Third Parti
15. er a re fund or a repaired or replacement copy of the Software Requests must be accompanied by proof of pur chase In the event Customer s warranty details are substantiated Jannersten will meet Customer s re quest for repaired or replacement Software unless it is not reasonable for Jannersten to do so in which case Jannersten will provide Customer with a refund For warranty assistance please contact the Jan nersten Customer Support Department Please note that the provisions of Section 8 Limitation of Liability will continue to apply to any damages claims Customer makes in respect of its use of the Software Nonetheless Jannersten shall be liable for direct losses that are reasonably foreseeable in the event of a breach by Jannersten of this agreement Customer is advised to take all reasonable measures to avoid and reduce damages in particular by making back up copies of the Software and its computer data This agreement and in particular this Section 16 1 2 is intended to describe Customer s rights including its statutory rights in the event there should be problems with its use of the Software If Customer s statu tory rights are greater than this description its statutory rights shall apply 10 16 1 3 Nothing included in this agreement including Section 4 4 shall limit any non waivable right to de compile the Software that Customer may enjoy under applicable law For example if Customer is located in the European
16. es The Software may facilitate Customer s access to websites maintained by third parties offering goods information software and services Third Party Online Services Examples of such Third Party Online Services might include but are not limited to the Kodak EasyShare Gallery service Customer s access to and use of any Third Party Online Services is governed by the terms condi tions disclaimers and notices found on such site or otherwise associated with such Third Party Online Services Jannersten does not control endorse or accept responsibility for Third Party Online Services Any dealings between Customer and any third party in connection with a Third Party Online Service inclu ding such party s privacy policies and use of Customer s personal information delivery of and payment for goods and services and any other terms conditions warranties or representations associated with such dealings are solely between Customer and such third party Third Party Online Services might not be available in all languages or to residents of all countries and Jannersten may at any time and for any rea son modify or discontinue the availability of any Third Party Online Service 16 4 3 Except as expressly agreed by Jannersten or its affiliates or a third party in a separate agreement Customer s use of Jannersten online services and third party online services is at own risk under the war ranty and liability limitations of sections 7
17. he Customer relies upon is a third party beneficiary of this agreement and shall have the right to enforce this agreement in its own name as if it were Jannersten 16 5 5 Indemnity Customer agrees to hold Jannersten and any applicable Certificate Authority except as expressly provided in its terms and conditions harmless from any and all liabilities losses actions dama ges or claims including all reasonable expenses costs and attorneys fees arising out of or relating to Customer s use of or any reliance on any service of such authority including without limitation a relian ce on an expired or revoked certificate b improper verification of a certificate c use of a certificate other than as permitted by any applicable terms and conditions this agreement or applicable law d failure to exercise reasonable judgment under the circumstances in relying on issuer services or certificates or e failure to perform any of the obligations as required in the terms and conditions related to the services 12 16 6 Font Software If the Software includes font software 16 6 1 Customer may use the font software with the Software on Computers as described in Section 2 and output the font software to any output device s connected to such Computer s 16 6 2 If the Permitted Number of Computers is five 5 or fewer Customer may download the font software to the memory hard disk or RAM of one output device connected to at least one of
18. mation such as Customer s ID user name and password may be transmitted to and stored by Jannersten pursuant to the Privacy Policy and additional terms of use related to such Jannersten Online Service collectively with the Jannersten com terms of use and any ap plicable terms the Additional Terms of Use 14 1 4 As permitted by applicable law or as consented to by Customer Jannersten may a send Customer transactional messages to facilitate the Jannersten Online Service or the activation or registration of the Software or Jannersten Online Service or b deliver in product marketing to provide information about the Software and other Jannersten products and Services using information including but not limited to platform version version of the Software license status and language 14 2 Updating The Software may cause Customer s Computer without additional notice to automatically connect to the Internet intermittently or on a regular basis to a check for Updates that are available for download to and installation on the Computer and b notify Jannersten of the results of installation at tempts 14 3 Activation The Software may require Customer to a obtain an Jannersten ID b activate or reacti vate the Software c register the software or d validate the Membership Such requirement may cause Customer s Computer to connect to the Internet without notice on install on launch and on a regular basis thereafter Once
19. n ding user manual for the Software for the shorter period of a the ninety 90 day period or b License Term following receipt of the Software Warranty Period when used on the Compatible Computer Non substantial variation of performance from the user manual does not establish a warranty right This limited warranty does not apply to the following which are made available AS IS and without warranty from Jannersten i patches ii font software iii Pre release Software trial starter evaluation product samp ler Evaluation Software and not for resale copies of the Software iv websites Jannersten Online Servi ces and Third Party Online Services v Certified Document Services see Section 16 and vi any soft ware made available by Jannersten for free via web download from an Jannersten website All warranty claims must be made along with proof of purchase to the Jannersten Customer Support Department within such Warranty Period The entire liability of Jannersten and its affiliates related to such warranty claim and Customer s sole and exclusive remedy under any warranty will be limited to either at Janners ten s option support of the Software based on the warranty claim replacement of the Software or if sup port or replacement is not practicable at Jannersten s determination refund of the license fee Customer paid for the Software if any The limited warranty set forth in this section gives Customer specific l
20. n grants to Customer a nonexclu sive non transferable royalty free license to use the items in the ExtendScript SDK and Pixel Bender SDK only for the purpose of internal development of application programs designed to function with Jannersten products Except as expressly provided in this Section 2 5 no portions of the ExtendScript SDK or the Pixel Bender SDK may be modified or distributed Customer agrees to indemnify hold harmless and defend Jannersten from and against any loss damage claims or lawsuits including attorney s fees that arise or result from such distribution 2 6 Documentation Copies Customer may make copies of the Documentation for its own internal use in connection with use of the Software in accordance with this agreement but no more than the amount rea sonably necessary 3 Intellectual Property Ownership The Software and any authorized copies that Customer makes are the intellectual property of and are ow ned by Jannersten and its suppliers The structure organization and source code of the Software are the valuable trade secrets and confidential information of Jannersten and its suppliers The Software is protec ted by law including but not limited to the copyright laws of the United States and other countries and by international treaty provisions Except as expressly stated herein this agreement does not grant Customer any intellectual property rights in the Software All rights not expressly granted are rese
21. nd exclusive remedies applicable to the product Other than those warranties offered and statutory warranties and remedies Jannersten its affiliates suppliers and certificate authorities disclaim all warranties conditions representations and terms expressed or implied whether by statute common law custom usage or otherwise as to any matter including but not limited to performance security merchantability satisfactory quality and fitness for any particular purpose Other than such offered and statutory warranties and remedies Jannersten or third party certificated outlets are provided as is and with all faults This disclaimer of warranty may not be valid in some jurisdictions Customer may have additional warranty rights under law which may not be waived or disclaimed Jannersten does not seek to limit Customer s warranty rights to any extent not permitted by law Limitation of Liability Except for the exclusive remedy offered by Jannersten above and any remedies that cannot be excluded or limited under law Jannersten its affiliates suppliers and certificate authorities will not be liable to Cus tomer for any loss damages claims or costs whatsoever including any consequential indirect or inciden tal damages any lost profits or lost savings any damages resulting from business interruption personal injury or failure to meet any duty of care or claims by a third party even if an Jannersten representative has been advise
22. ned by an authorized officer of Jannersten The English version of this agreement will be the version used when interpreting or construing this agreement This is the entire agreement bet ween Jannersten and Customer relating to the Software and it supersedes any prior representations di scussions undertakings communications or advertising relating to the Software 12 Notice to U S Government End Users 12 1 U S Government Licensing of Jannersten Technology Customer agrees that when licensing Jan nersten Software for acquisition by the U S Government or any contractor therefore Customer will license consistent with the policies set forth in 48 C F R Section 12 212 for civilian agencies and 48 C F R Sec tions 227 7202 1 and 227 7202 4 for the Department of Defense For U S Government End Users Jan nersten agrees to comply with all applicable equal opportunity laws including if appropriate the provisions of Executive Order 11246 as amended Section 402 of the Vietnam Era Veterans Readjustment Assistan ce Act of 1974 88 USC 4212 and Section 503 of the Rehabilitation Act of 1973 as amended and the regulations at 41 CFR Parts 60 1 through 60 60 60 250 and 60 741 The affirmative action clause and regulations contained in the preceding sentence will be incorporated by reference into this agreement 12 2 Commercial Items For U S Government End Users Software is a Commercial Item s as that term is defined at 48 C F R
23. noted within that service or from another party Content Files iv related explanatory written materials and files Documentation and v fonts and b any modified versions and copies of and upgrades updates and additions to such information provided to Customer by Jannersten at any time to the extent not provided under separate terms collectively Upda tes 2 Software License 2 1 Software License This Section 2 1 applies to Customers who have purchased a license to the Soft ware 2 1 1 License Grant Subject to Customer s continuous compliance with this Agreement and payment of the applicable license fees Jannersten grants Customer a non exclusive and limited license to install and use the Software a in the territory or region where Customer obtains the Software from Jannersten or Jan nersten s authorized reseller or as otherwise stated in the Documentation Territory b during the term of such license License Term c within the scope of the License Type and on the Permitted Number of Customer s Compatible Computers as specified in the Documentation and d in a manner consistent with the terms of this Agreement and applicable Documentation Unless otherwise defined in this Agreement in the applicable Documentation or at the time of purchase License Term shall be perpetual Upon the expi ration or termination of the License Term some or all of the Software may cease to operate witho
24. om puters 4 6 No Transfer 4 6 1 Customer will not rent lease sell sublicense assign or transfer its rights in the software including without limitation software obtained through a web download or authorize any portion of the software to be copied onto another individual or legal entities computer except as may be expressly permitted herein 5 Updates If the Software is an Update to a prior version of software the Prior Version then Customer s use of this Update is conditional upon its retention of the Prior Version Therefore if Customer validly transfers this Update pursuant to Section 4 6 the Customer must transfer the Prior Version along with it If Customer wishes to use this Update in addition to the Prior Version then Customer may only do so on the same Computer on which it has installed and is using the Prior Version Any obligations that Jannersten may have to support Prior Versions during the License Term may end upon the availability of this Update No other use of the Update is permitted Jannersten may license additional Updates to Customer with additio nal or different terms 6 Limited Warranty Except as otherwise stated in a separate agreement between Jannersten and a Software licensee Jan nersten warrants to the individual or entity that first purchases a license for the Software for use pursuant to the terms of this agreement that the Software will perform substantially in accordance with the correspo
25. roduction purposes The Evaluation software is provided as is Access to and use of any output files created with such evaluation software is entirely at Customer s own risk 2 1 2 3 Subscription Edition For the Software available on a subscription basis Subscription Edition Customer may install and use the Subscription Edition only on the Permitted Number of Compatible Com puter during the License Term Subject to the Permitted Number of Computers for the Subscription Edition Jannersten may allow Customer to install and use the most recent prior version of the Subscription Edition and the current version of the Subscription Edition on the same Computer during the License Term Cus 4 tomer agrees that Jannersten may change the type of Software such as specific components versions platforms languages etc included in the Subscription Edition at any time and shall not be liable to Cus tomer whatsoever for such change Ongoing access to a Subscription Edition requires a a recurring In ternet connection to activate renew and validate the license b Jannersten or its authorized reseller s receipt of recurring subscription payments and c Customer s agreement to subscription terms and other additional terms and conditions that are available at the time of purchase If Jannersten does not receive the recurring subscription payment or cannot validate the license periodically then the Software may be come inactive witho
26. rved by Jannersten and its suppliers 4 Restrictions and Requirements 4 1 Proprietary Notices Any permitted copy of the Software including without limitation Documentation that Customer makes must contain the same copyright and other proprietary notices that appear on or in the Software 4 2 Use Obligations Customer agrees that it will not use the Software other than as permitted by this agreement and that it will not use the Software in a manner inconsistent with its design or Documentation 4 3 No Modifications Except as expressly permitted in Sections 2 or 16 Customer may not modify port adapt or translate the Software 4 4 No Reverse Engineering Except as otherwise expressly permitted in Section 16 1 Customer will not reverse engineer decompile disassemble or otherwise attempt to discover the source code of the Soft ware 4 5 No Unbundling The Software may include various applications and components may allow access to different Jannersten Online Services may support multiple platforms and languages and may be provided to Customer on multiple media or in multiple copies Nonetheless the Software is designed and provided to Customer as a single product to be used as a single product on Computers as permitted herein Unless otherwise permitted in the Documentation Customer is not required to install all component parts of the Software but Customer may not unbundle the component parts of the Software for use on different C
27. s even when Customer is offline 14 6 Digital Certificates The Software uses digital certificates as described in Section 16 5 to help Cus tomer identify downloaded files e g applications and content and the publishers of those files 14 7 Settings Manager The Software may include certain user settings by storing them on Customer s Computer as a local shared object 15 Peer to Peer Communications The Software may use Customer s connection to a local area network without additional notice to automa tically connect to other Jannersten software and in doing so may indicate on the local area network that it is available for communication with other Jannersten software These connections may transmit the IP Address of Customer s connection to the local network 16 Specific Provisions and Exceptions This section sets forth specific provisions related to certain products and components of the Software as well as limited exceptions to the above terms and conditions To the extent that any provision in this section is in conflict with any other term or condition in this agreement the terms stated in this section will super sede such other term or condition 16 1 No Prejudice European Economic Area Provisions Australia Mandatory Notice 16 1 1 This agreement will not prejudice the statutory rights of any party including those dealing as Cus tomers For example for Customers in New Zealand who obtain the Software for personal
28. specific provisions and exceptions in section 16 Customer agrees that this agre ement is like any written negotiated agreement signed by Customer This agreement is enforceable against Customer The Customer may not use the software if the Customer does not agree to the terms of this agreement Customer may have another written agreement directly with Jannersten e g a volume license agreement that supplements or supersedes all or portions of this agreement The Software is LICENSED NOT SOLD only in accordance with the terms of this agreement The Software may cause Customer s Computer to AUTOMATICALLY CONNECT TO THE INTERNET The Software may also require activation or registration Additional information on activation Internet connecti vity and privacy is available in Sections 14 and 16 1 Definitions 1 1 Jannersten means Jannersten F rlag AB a Swedish corporation resident at Ban rgatan 15 75237 Uppsala Sweden 1 2 Compatible Computer means a Computer or other electronically device with the recommended opera ting system and hardware configuration as stated in the Documentation 1 3 Computer means a virtual or physical device that accepts information in digital or similar form and manipulates it for a specific result based on a sequence of instructions including without limitation desktop computers laptops tablets mobile devices telecommunication devices Internet connected devices and hardware products
29. sten with all records and information requested by Jannersten in order to verify that its use of any and all Jannersten software is in Conformity with its valid licenses from Jannersten within thirty 80 days of Jannersten s request 14 Internet Connectivity and Privacy 14 1 Automatic Connections to the Internet The Software may cause Customer s Computer without notice to automatically connect to the Internet and to communicate with an Jannersten website or Jannersten domain for purposes such as license validation and providing Customer with additional information fea tures or functionality Unless otherwise specified in Sections 14 2 through 14 7 the following provisions apply to all automatic Internet connections by the Software 14 1 1 Whenever the Software makes an Internet connection and communicates with an Jannersten web site whether automatically or due to explicit user request the Privacy Policy shall apply Jannersten Priva cy Policy allows tracking of website visits and it addresses in detail the topic of tracking and use of cookies web beacons and similar devices 14 1 2 Whenever the Software connects to Jannersten over the Internet certain Customer information is collected and transmitted by the Software to Jannersten pursuant to the Jannersten Online Privacy Policy 14 1 3 If Customer accesses an Jannersten Online Service as defined in Section 16 4 below or activates or registers the Software then additional infor
30. tion if he knew or should have known that there was a lack of Conformity with the Contract at the time when he accepted the Contract Goods that the Customer claims warranty on must be returned to Jannersten on the Customer s expense unless otherwise is agreed with Jannersten in advance in writing Repair and replacement of faulty parts The Customer is entitled to have the goods restored to Conformity free of charge whereby any usage that the Customer might have had of the goods since it was first delivered shall be considered Jannersten re serves its right to give the Customer a refund instead of bringing the goods to Conformity with the Contract Jannersten may offer the Customer a price reduction as an alternative to Conformity Such offers does not affect Jannersten s right to choose between refund and Conformity Conformity shall be completed within reasonable time The Customer has the right to choose refund if the waiting time would exceed 90 days The Customer may require an appropriate reduction of the price if there is a major lack of Conformity and the Customer is not entitled to repair nor replacement or Jannersten has not established Conformity within a reasonable time or cannot establish Conformity without significant inconvenience to the Customer Disclaimer The limited warranty in this section and any statutory warranty and remedy that cannot be excluded or limited under law are the only warranties a
31. ut additional notice until Jannersten receives the payment or validates the license 2 3 Content Files Unless stated otherwise in the Read Me files Documentation or other license s asso ciated with the Content Files Customer may use display modify reproduce and distribute any of the Content Files However Customer may not distribute the Content Files on a stand alone basis i e in cir cumstances in which the Content Files constitute the primary value of the product being distributed and Customer may not claim any trademark rights in the Content Files or derivative works thereof Nothing stated herein shall affect the ownership of the Software as stated in Section 3 2 4 Sample Application Code Customer may modify the source code form of those portions of the Software programs that are expressly identified as sample code sample application code code snippets ActionSc ript class files or sample components each Sample Application Code in the accompanying Documenta tion solely for the purposes of designing developing and testing Customer agrees to indemnify hold harmless and defend Jannersten from and against any loss damage claims or lawsuits including attor ney s fees that arise or result from the use or distribution of its application 2 5 Programming Languages The Software may include portions of the ExtendScript SDK and Pixel Ben der SDK Subject to the restrictions contained in this Section 2 Jannerste
32. ut prior notice Upon expiration or termination of the License Term Customer may not use the Software unless Customer has renewed the license The license granted herein is supplemented by specific provisions in Section 16 as related to the use of certain applicable products and components that may be included in the Software 2 1 2 License Types 2 1 2 1 Non Serialized Software The Software or portions of the Software that are provided without a serial number during the License Term may only be installed and used on any number of Compatible Computers as part of an organizational deployment plan during the License Term for demonstration evalu ation and training purposes only and only if any Output Files or other materials produced through such use are used only for internal non commercial and non production purposes The Non Serialized software is provided as is Access to and use of any output files created with such Non Serialized software is enti rely at Customer s own risk 2 1 2 2 Evaluation Software The Software or portions of the Software that are provided with a serial number designated for evaluation purposes or other similar designation may only be installed and used on Permitted Number of Compatible Computers during the License Term for demonstration evaluation and training purposes only and only if any Output Files or other materials produced through such use are used only for internal non commercial and non p
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